KISOR v. McDONOUGH

2016-1929.

995 F.3d 1316 (2020)

James L. KISOR, Claimant-Appellant v. Denis McDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Opinion Modified: April 30, 2021.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant. Also represented by Paul Whitfield Hughes , McDermott, Will & Emery LLP, Washington, DC.

Igor Helman , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Jeffrey B. Clark , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Y. Ken Lee , Samantha Ann Syverson , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Roman Martinez , Latham & Watkins LLP, for amici curiae American Veterans, National Organization of Veterans' Advocates, Inc., Paralyzed Veterans of America, Veterans of Foreign Wars of the United States, Vietnam Veterans of America. Also represented by Gregory B. in den Berken .

Dissenting opinion filed by Circuit Judge Reyna.


INTRODUCTION AND DECISION

In Kisor v. Shulkin, 869 F.3d 1360 (Fed. Cir. 2017) ("Kisor I"), we affirmed the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") in Kisor v. McDonald, No. 14-2811, 2016 WL 337517 (Vet. App. Jan....

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